[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR236.12]



[Page 435]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 236_APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE 

ALIENS; REMOVAL OF ALIENS ORDERED REMOVED--Table of Contents

 

                     Subpart B_Family Unity Program

 

Sec. 236.12  Eligibility.



    (a) General. An alien who is not a lawful permanent resident is 

eligible to apply for benefits under the Family Unity Program if he or 

she establishes:

    (1) That he or she entered the United States before May 5, 1988 (in 

the case of a relationship to a legalized alien described in subsection 

(b)(2)(B) or (b)(2)(C) of section 301 of IMMACT 90), or as of December 

1, 1988 (in the case of a relationship to a legalized alien described in 

subsection (b)(2)(A) of section 301 of IMMACT 90), and has been 

continuously residing in the United States since that date; and

    (2) That as of May 5, 1988, (in the case of a relationship to a 

legalized alien described in subsection (b)(2)(B) or (b)(2) (C) of 

section 301 of IMMACT 90) or as of December 1, 1988, (in the case of a 

relationship to a legalized alien described in subsection (b)(2) (A) of 

section 301 of IMMACT 90), he or she was the spouse or unmarried child 

of a legalized alien, and that he or she has been eligible continuously 

since that time for family-sponsored immigrant status under section 

203(a) (1), (2), or (3) or as an immediate relative under section 201 

(b)(2) of the Act based on the same relationship.

    (b) Legalization application pending as of May 5, 1988 or December 

1, 1988. An alien whose legalization application was filed on or before 

May 5, 1988 (in the case of a relationship to a legalized alien 

described in subsection (b)(2)(B) or (b)(2)(C) of section 301 of IMMACT 

90), or as of December 1, 1988 (in the case of a relationship to a 

legalized alien described in subsection (b)(2)(A) of section 301 of 

IMMACT 90), but not approved until after that date will be treated as 

having been a legalized alien as of May 5, 1988 (in the case of a 

relationship to a legalized alien described in subsection (b)(2)(B) or 

(b)(2)(C) of section 301 of IMMACT 90), or as of December 1, 1988 (in 

the case of a relationship to a legalized alien described in subsection 

(b)(2)(A) of section 301 of IMMACT 90), for purposes of the Family Unity 

Program.



[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43679, July 14, 2000]